Financial Collateral Directive: Difference between revisions

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{{anat|security}}
The {{tag|Financial Collateral Directive}} ({{eudirective|2002|47|EC}}) is a well-intended piece of {{tag|EU Regulation}} that, by common consent, didn't quite achieve what it set out to, which was to introduce "a Community framework to reduce credit exposure in financial {{tag|collateral}} arrangements. These common rules contribute to the effectiveness and integration of European financial markets, reducing credit losses and thereby stimulating cross-border transactions and competitiveness."
The {{tag|Financial Collateral Directive}} ({{eudirective|2002|47|EC}}) is a well-intended piece of {{tag|EU Regulation}} that, by common consent, didn't quite achieve what it set out to, which was to introduce "a Community framework to reduce credit exposure in financial {{tag|collateral}} arrangements. These common rules contribute to the effectiveness and integration of European financial markets, reducing credit losses and thereby stimulating cross-border transactions and competitiveness."


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While this is no doubt intended to help, given that, in the final analysis, the person likely to challenge that analysis would be a competing creditor, and the person who would be arbitrating on it would be a liquidqator, if an arrangement were not formally within the definition, then the fact that the parties agreed it was intended to be probably wouldn’t.
While this is no doubt intended to help, given that, in the final analysis, the person likely to challenge that analysis would be a competing creditor, and the person who would be arbitrating on it would be a liquidqator, if an arrangement were not formally within the definition, then the fact that the parties agreed it was intended to be probably wouldn’t.


===What it does===
===What it does===
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*'''Portugal''': It was adopted by {{tag|Portugal}} in July 2004 (see in depth article [http://www.internationallawoffice.com/newsletters/Detail.aspx?g=9e05b76f-2448-4878-8fff-a0bdd7464388 here])
*'''Portugal''': It was adopted by {{tag|Portugal}} in July 2004 (see in depth article [http://www.internationallawoffice.com/newsletters/Detail.aspx?g=9e05b76f-2448-4878-8fff-a0bdd7464388 here])
*'''UK''': It was adopted by the UK under the [[Financial Collateral Arrangement (No.2) Regulations 2003]], fondly known to all as the [[Financial Collateral Regulations]].
*'''UK''': It was adopted by the UK under the [[Financial Collateral Arrangement (No.2) Regulations 2003]], fondly known to all as the [[Financial Collateral Regulations]].
{{seealso}}
*{{casenote1|Re Lehman Brothers International}} - a long disquisition about the [[Financial Collateral Regulations]].